Faulty Fridge Freezer

unholyangel

njjts0 wrote: »

neilmcl.

Having read the last liink to the WHICH site posted above. Can I respectfully ask why you think that if I am using it is relevant?

I cannot see anything in the article which would suggest that using the item for 5 minutes or less than 6 months would be viewed differently under the legislation described.

I would be interested to get your thoughts given your history of posting and level of positive feedback.

N

I believe he was asking why you plugged in the FF (the retailers excuse for not accepting the return) if it was visibly damaged. Also with !!!!!!, you're usually advised to leave them upright for x hours before plugging in.


However, perhaps remind the retailer that even under the SOGA of which acceptance was a section and where the right to reject could be lost by treating the goods as your own, this was not applicable to goods which had been delivered to the buyer and the buyer had not had previous opportunity of examining them. In those circumstances, the right to reject wasn't lost until the buyer had reasonable opportunity to assess whether the goods conformed to contract.

Also remind them that you have 30 days to reject goods for a refund under Consumer Rights Act and also that misleading a consumer about their rights can amount to a criminal offence under the CPRs so they may want to seek legal advice before repeating their "you plugged it in so you accepted it" line.

Nebulous2

I had a similar situation with an oven detailed here. I didn't unpack it for some time and ended up having to go to small claims.

Fortunately I had paid by credit card, which meant the company were jointly liable.

neilmcl

unholyangel wrote: »

I believe he was asking why you plugged in the FF (the retailers excuse for not accepting the return) if it was visibly damaged. Also with !!!!!!, you're usually advised to leave them upright for x hours before plugging in.


However, perhaps remind the retailer that even under the SOGA of which acceptance was a section and where the right to reject could be lost by treating the goods as your own, this was not applicable to goods which had been delivered to the buyer and the buyer had not had previous opportunity of examining them. In those circumstances, the right to reject wasn't lost until the buyer had reasonable opportunity to assess whether the goods conformed to contract.

Also remind them that you have 30 days to reject goods for a refund under Consumer Rights Act and also that misleading a consumer about their rights can amount to a criminal offence under the CPRs so they may want to seek legal advice before repeating their "you plugged it in so you accepted it" line.

^^Exactly this. I was merely interested why you'd want to switch it on and use it knowing that is was clearly damaged. Clearly this shouldn't affect your statutory rights but you have made it a bit difficult for yourself, particularly when dealing with matters of physical damage, rather than inherent faults.

njjts0

Thanks for the explanation regarding the plugging in issue. It was plugged in as I think we would probably have accepted the damage with a discount but it became fairly obvious that we could not use it properly when I tried to level it. It has a significant wobble!

I have found a couple of other threads where people have experienced similar issues and it would appear that nobody has actually been successful in making Appliances Direct replace or refund an item.

I have used the Which letter template to create a request for a replacement and this states that they have 14 days to offer a solution.

I have also disputed the the purchase via Pay Pal and it occurs to me that this may affect any chance that I have of using section 75 as a means of forcing something to happen, would a section 75 claim be against Pay Pal or the credit card that has been debited via Pay Pal?

Thanks to everyone he has offered advice to date, it is very frustrating dealing with companies that hide behind terms and conditions to confuse disgruntled customers and it is very useful to at least have an understanding of whether what I am asking for is actually realistic.

N

unholyangel

njjts0 wrote: »

Thanks for the explanation regarding the plugging in issue. It was plugged in as I think we would probably have accepted the damage with a discount but it became fairly obvious that we could not use it properly when I tried to level it. It has a significant wobble!

I have found a couple of other threads where people have experienced similar issues and it would appear that nobody has actually been successful in making Appliances Direct replace or refund an item.

I have used the Which letter template to create a request for a replacement and this states that they have 14 days to offer a solution.

I have also disputed the the purchase via Pay Pal and it occurs to me that this may affect any chance that I have of using section 75 as a means of forcing something to happen, would a section 75 claim be against Pay Pal or the credit card that has been debited via Pay Pal?

Thanks to everyone he has offered advice to date, it is very frustrating dealing with companies that hide behind terms and conditions to confuse disgruntled customers and it is very useful to at least have an understanding of whether what I am asking for is actually realistic.

N

It depends on what paypals role is. If they are merely acting as an acquirer for the retailer then the required chain (of debtor > creditor > retailer) remains intact and so does section 75 rights. If they're acting as more than an acquirer then you lose your section 75 protection.

If you paid the money via your paypal account then its likely the protection will be lost as you effectively topped up your paypal by credit card and then used that balance to pay the retailer. If you didn't log into paypal/just entered your card details then you might still be able to rely on section 75.

njjts0

Quick update.

The which letter seems to have done the trick, they called today and offered a replacement which is arranged for delivery 7 Jan. Couldn't have been more helpful today, it's a shame that their response last week was so poor.

They also appear to have changed their delivery terms in the last few days. The confirmation emails differ as follows.

From

After Delivery
We advise you check the products as soon as they are delivered so that any problems can be raised with the delivery drivers immediately. We also allow 14 days from the day following your delivery to let us know if you find you want to return your product(s) as long as they are unused.

To
After Delivery

We advise you check the products as soon as they are delivered so that any problems can be raised with the delivery drivers immediately. If you are unable to inspect the item at point of delivery we allow up to 5 days for items to be inspected and damages reported to us.

We also allow 14 days from the day following your delivery to let us know if you find you want to return your product(s) as long as they are unused.

This would appear to be more in line, although so way off, the requirements that have been described to me in this thread.

Once again, thanks for your input.

N

unholyangel

Glad you got an acceptable outcome.

If you really want to, you could report the retailer to either your/their local trading standards office. They wont take any official action but some local TS's have proven to be very helpful and will sometimes contact traders for an informal discussion.